I believe damages are mandatory should YOUR board of directors refuse response and/or give an explanation to YOU

July 01, 2000

By Steve Solcich (View author info)

'First Impression' Sought

Dear Fellow Homeowner,

I am involved in a lawsuit against the highly exemplified Huntington Village Community Association in which I am desiring a ruling for a 'First Impression.' This involves seeking a new action for the non-accountability of association directors.

Many of us who have participated in our community associations have learned of their abuse of power, and the lack of any viable laws and agencies to handle directors' violations of covenants and by-laws.

These association directors have no checks and balances to keep them from becoming 'instant' gangsters should they choose to do so. Absolute power corrupts absolutely. When a member such as myself has requested a response and/or explanation from association directors we are always shunned, totally ignored.

These attempts, many of which you may have tried, include writing certified letters only to later wind-up throwing them at your directors in person for lack of response. These lazy volunteer violators wish any participating member, being the sole 'watchdog' of BOD affairs, to either file a lawsuit or remain living with their 'rights' violated.

I also believe directors owe a duty to file a non-compliance in the County Record due to their practicing whims and the confusion caused by such actions pertaining to deed restrictions and by-laws.

We all know the time is now for any Homeowner Right expressing a fair and even playing field. The State of Texas, its Legislature and Agencies, including the Attorney General office, admit they have no jurisdiction over undeclared corporate government, and have failed to protect the Texas Homeowner as a consumer and helpless participant of this forced and flawed HOA concept.

Is it now Public Policy that association directors 'can do no wrong'? The 'association', of course, being that violating and self-serving board of directors using a strong-arming policy over us, the inferior membership.

Perhaps this State should initiate a 'Real Estate Court' to hear only these lawsuits--as they are rapidly growing in number. This Court would adjudicate Homeowner association cases just as family law matters are limited to its own Courts for subject matter jurisdiction.

Further, as countless numbers of us have learned, most of our association BODs are profuse liars using association resources to deceive the membership. Directors' propaganda and deception is always deemed by them to be necessary for preservation.

We all know BODs use this 'do as we please attitude' lacking honesty by proclaiming their violations to always be in our 'best interests'. Gangsters are earmarking upon this as the new 'reasonableness' standard before Judges and our Legislature.

They know most Homeowners as members do not have $30-$50,000 to fight and keep entrenched gangsters at bay. My quest for this accountability tool will also help to detour 'civil harassment' implemented by bully directors against those concerned members who have become 'harassed outlaws' for speaking-out against their BOD violators.

I believe nominal damages and some punishing damages are mandatory should YOUR board of directors refuse response and/or give an explanation to YOU. This response should be easy for them to accomplish in our readily profound communication age. This 'First Impression' as a new cause is long overdue as precedent and a Homeowner Right.